CORTESE v. CONNORS


1 A.D.2d 35 (1955)

Nathan N. Cortese et al., Doing Business as Cortese Restaurant, Appellants-Respondents, v. Beatrice C. Connors, Respondent-Appellant Norbert Eisenstein, Respondent, v. Beatrice C. Connors, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 24, 1955.


Attorney(s) appearing for the Case

Harry S. Travis for appellants-respondents.

Peter A. Daniels and Theodore H. Cohn for Beatrice C. Connors, respondent-appellant and appellant.

James B. Gitlitz for respondent.

COON and ZELLER, JJ., concur with BERGAN, J.; HALPERN, J., dissents in an opinion, in which FOSTER, P. J., concurs.


BERGAN, J.

Plaintiffs Cortese were tenants in real property in Binghamton owned by defendant Connors. The lease gave them an option to buy. It provided that if the landlord wished to sell, the tenants should have the "first option to purchase" the property "under the terms at which it was offered for sale". It has been found on a sufficient record that defendant informed James Cortese that the property was listed...

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